What is Consent?


Consent means a knowing, voluntary, active, present, and ongoing agreement. In order for there to be consent, both parties who have the capacity to act freely must receive verbal agreement and positive cooperation. A verbal "no," even if it may sound indecisive or insincere, constitutes a lack of consent. The absence of a verbal "no" does not mean "yes." Lack of protest does not imply consent. Past consent does not imply ongoing and/or future consent or consent to other acts.

There is not capacity to consent under the following circumstances: unconsciousness; incapacitation due to drugs, alcohol, or sleep; physical force, threats, intimidation, or coercion; and/or otherwise without capacity to provide consent due to intellectual or other disability or condition reasonably knowable to the other party. Regarding incapacitation due to drugs or alcohol, the University will consider whether a reasonable person, who was sober, should have known that the other party was incapacitated. Alcohol and other drugs impact individuals differently, and determining whether an individual is incapacitated due to the effects of drugs or alcohol requires an individualized and fact-specific determination.

Watch this short video to learn more about what consent means.

Tea Consent video copyright ©2015 Emmeline May and Blue Seat Studios