Title IX

Consent

Engaging in sexual activity with another person without their consent is sexual assault, and is a violation of MCLA’s Title IX Sexual Harassment Policy.

What does Consent mean?

  • Consent is an understandable exchange of affirmative words or actions, which indicate a willingness by all parties to participate in mutually agreed upon sexual activity.
  • Consent must be informed and freely and actively given.
  • It is the responsibility of the initiator to obtain clear and affirmative responses at each stage of sexual involvement.
  • Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
  • Consent to sexual activity may be withdrawn at any time, as long as the withdrawal is communicated clearly.
  • Whether an individual has taken advantage of a position of influence over a Complainant may be a factor in determining consent. A position of influence could include supervisory or disciplinary authority.

Consent has not been effectively communicated when it is based on:

  • the other person remaining silent, unless their silence is accompanied by non-verbal conduct conveying a willingness to participate in mutually agreed upon sexual activity;
  • the other person being incapacitated by alcohol or drugs;
  • unreasonable pressure or emotional manipulation of the other person;
  • consent that was communicated on a previous occasion;
  • consent that is communicated to a third person, but not directly to you;
  • the other person’s inability to resist physical force (a person’s resistance to physical force will be viewed as a clear demonstration that the person has not communicated consent);
  • a current or previous dating, romantic, intimate, or sexual relationship with the other person;
  • the other person currently or previously cohabitating with you;
  • the other person’s attire, reputation, or sexual arousal;
  • a gift you have given to or received from the other person;
  • the other person extending or accepting an invitation to go to a private residence, room, or other location.

For more information about consent, you can access our sexual violence prevention training on canvas.

Other helpful information for understanding consent can be found by using the following links:

Take a Consent Quiz

Download a Guide to Consent

links

Help for Complainants

Help for Respondents

Support & Interim Measures

File a Formal Complaint

Title IX Procedure

Consent

Information for Managers and Supervisors

Equal Opportunity

Title IX Personnel Training Information

MCLA Equal Opportunity, Diversity, and Affirmative Action Plan

Questions? Contact Us

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MCLA
375 Church Street,
North Adams, MA 01247
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hr@mcla.edu