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Where alcohol and/or other drugs (including prescription drugs) are involved, Incapacitation is a state beyond drunkenness or intoxication.

The impact of alcohol and other drugs varies from person to person.

Incapacitation is defined as the inability, temporarily or permanently, to give Consent, because an individual is mentally and/or physically helpless, asleep, unconscious, or unaware that the sexual activity is occurring.

Incapacitation is when an individual lacks the ability to make informed, rational judgments to engage in sexual activity because he/she/zi lacks conscious knowledge of the nature of the act (e.g., to understand who, what, when, where, why or how of the sexual interaction.) While Incapacitation may result from the use of alcohol and/or drugs, consumption of alcohol or other drugs alone is insufficient to establish Incapacitation.

The University has jurisdiction over complaints of Sexual Misconduct, Relationship Violence, and Stalking occurring on University property or at any University-sponsored off-campus program or activity (occurring either on or off campus). For example, an individual who is in a blackout may appear to act normally and be giving Consent but may not actually have conscious awareness, the ability to Consent, or later recall the events in question.

The University also has jurisdiction over any off-campus conduct (even if unrelated to a University-sponsored program or activity) that is likely to have a substantial effect on an individual University community member, on University life or activities, or that poses a threat of danger to any member of the University community. The extent to which a person in this state affirmatively gives mutually understandable words and/or clear, unambiguous actions indicating a willingness to engage in sexual activity and the other person is unaware—or reasonably could not have known—of the person’s level of alcohol consumption and/or level of impairment must be evaluated in determining whether Consent has been given.

Dating Violence, for purposes of this Policy, does not include emotional abuse.It is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage freely in sexual activity.In the absence of an outward demonstration, Consent does not exist.Being intoxicated or impaired by alcohol and/or other drugs is never an excuse for Sexual Harassment, Sexual Misconduct, or Sexual Violence and does not diminish one’s responsibility to obtain Consent.A direct or implied threat of force, violence, danger, hardship, or retribution sufficient to persuade a reasonable person of ordinary susceptibility to perform an act which otherwise would not have been performed or acquiesce in an act to which one would not have submitted.The University will not tolerate Sexual Misconduct, Relationship Violence, and Stalking.Sexual Misconduct, Relationship Violence, and Stalking pose a threat both to individual members of the University community and to the community collectively.Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get Consent from another.A person’s words or conduct cannot amount to coercion unless they wrongfully impair another individual’s freedom of will and ability to choose whether or not to engage in sexual activity.Warning signs that a person may be approaching Incapacitation may include slurred speech, vomiting, unsteady gait, odor of alcohol or other substance, combativeness, and/or emotional volatility.Evaluating Incapacitation requires an assessment of how the consumption of alcohol and/or drugs affects an individual’s: Evaluating Incapacitation also requires an assessment of whether a Respondent should have been aware of the Complainant’s Incapacitation based on objectively and reasonably apparent indications of impairment when viewed from the perspective of a sober, reasonable person in the Respondent’s position.

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