Affirmative consent to sexual activity

§ 6441. Affirmative consent to sexual activity. 1. Every institution\nshall adopt the following definition of affirmative consent as part of\nits code of conduct: "Affirmative consent is a knowing, voluntary, and\nmutual decision among all participants to engage in sexual activity.\nConsent can be given by words or actions, as long as those words or\nactions create clear permission regarding willingness to engage in the\nsexual activity. Silence or lack of resistance, in and of itself, does\nnot demonstrate consent. The definition of consent does not vary based\nupon a participant's sex, sexual orientation, gender identity, or gender\nexpression."\n 2. Each institution's code of conduct shall reflect the following\nprinciples as guidance for the institution's community:\n a. Consent to any sexual act or prior consensual sexual activity\nbetween or with any party does not necessarily constitute consent to any\nother sexual act.\n b. Consent is required regardless of whether the person initiating the\nact is under the influence of drugs and/or alcohol.\n c. Consent may be initially given but withdrawn at any time.\n d. Consent cannot be given when a person is incapacitated, which\noccurs when an individual lacks the ability to knowingly choose to\nparticipate in sexual activity. Incapacitation may be caused by the lack\nof consciousness or being asleep, being involuntarily restrained, or if\nan individual otherwise cannot consent. Depending on the degree of\nintoxication, someone who is under the influence of alcohol, drugs, or\nother intoxicants may be incapacitated and therefore unable to consent.\n e. Consent cannot be given when it is the result of any coercion,\nintimidation, force, or threat of harm.\n f. When consent is withdrawn or can no longer be given, sexual\nactivity must stop.\n