Important Definitions from the current Policy.
Consent means the voluntary and mutual agreement to engage in the act or acts in question and to continue to engage in the act or acts. The voluntary agreement to engage in the activity or to continue to engage in the activity must be communicated through words and/or conduct.
- It is the responsibility of the person who wants to engage in physical contact or sexual activity to make sure that they have Consent from the other person(s) involved.
- Consent is clear, explicit and active. Consent cannot be implied and it can be revoked or altered at any time during the act or acts in question.
- Consent is ongoing. Consenting to one kind of sexual activity does not mean that Consent is given for another sexual activity. Consent only applies to each specific instance of sexual activity so is required every time.
- Consent is voluntary, informed, and conscious. No Consent is obtained where an individual is incapable of consenting. An individual may be incapable of consenting if they are intoxicated, or if they are induced to engage in the activity by fraud, by someone exercising a position of trust, power or authority, or through Coercion or the threat of violence.
- If the initiator experiences impaired judgement (including intoxication) and engages in sexual activity where Consent is not clear, nor active, nor ongoing, or not voluntary, or not informed or not conscious or any combination of the above, then the initiator’s impaired judgement will not be considered a valid reason for not obtaining Consent.
Sexual Violence means a sexual act or acts, targeting a person’s sexuality, gender identity or gender expression – whether the act is physical or psychological in nature, whether in person or through other forms of contact – that is committed, threatened, or attempted against an individual without that individual’s Consent. Sexual Violence includes, but is not limited to, the following:
- Sexual Assault
- Sexual Harrassment
- Indecent Exposure
- Distribution of a sexually explicit photograph or recording
For more information on the definitions listed above please see sections 3.7 - 3.7.6 in the Sexual Violence Policy.
Sexual Assault is any form of sexual touching or the threat of sexual touching without the individual’s Consent.
Sexual Harassment is repeated course of comments or conduct, or a sufficiently serious single incident of a sexual nature by a person who knows or ought reasonably to know that the behaviour is unwanted or unwelcome. Sexual Harassment may further be determined by the impact on the recipient, not on the intention of the initiator. Examples of Sexual Harassment may include, but are not limited to:
- sexist remarks, jokes, innuendoes or taunting about a person’s body, appearance, characteristics or clothing;
- displaying pornographic or other sexually offensive or derogatory pictures or material;
- persistent and unwelcome invitations or request for dates;
- unwanted sexual advances;
- leering or other sexually oriented gestures;
University Community means all employees, students, post-doctoral fellows, volunteers or other individuals who work, study, conduct research or otherwise carry on the business of the University