Definitions of Consent from LIT's Sexual Misconduct Policy

Consent is an informed and freely and affirmatively communicated willingness to participate in a particular sexual activity. Consent can be expressed either by words or by clear and unambiguous actions, as long as those words or actions create mutually understandable permission regarding the conditions of each instance of sexual activity. It is the responsibility of the person who wants to engage in the sexual activity to ensure that they have the consent of the other to engage in each instance of sexual activity. (The definition of consent for the crime of sexual assault in Texas can be found at Texas Penal Code Section 22.011.). LIT will consider the following factors in determining whether consent was provided:

1. Consent is a voluntary agreement or assent to engage in sexual activity;
2. Someone who is incapacitated cannot consent;
3. Consent can be withdrawn at any time;
4. Past consent does not imply future consent;
5. Silence or an absence of resistance does not imply consent;
6. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another;
7. Coercion, force, or threat invalidates consent; and
8. Being intoxicated or under the influence of alcohol, drugs, or any other substance is never an excuse for engaging in Sexual Misconduct.