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Where alcohol or other substances are involved, incapacitation is determined by how the substance impacts a person’s decision-making capacity, awareness of consequences, and ability to make informed judgments.In evaluating whether a person was incapacitated for purposes of evaluating affirmative consent, the College considers two questions: (1) Did the person initiating sexual activity know that the other individual was incapacitated?
e) Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm. Licensed mental health counselors, medical providers and pastoral counselors are examples of institution employees who may offer confidentiality.Specifically, MCC strictly prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking.These acts have a real impact on the lives of victims/survivors.d) Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity.Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent.In an effort to promote this environment and prevent acts of sexual misconduct from occurring, the College engages in ongoing prevention and awareness education programs.
All incoming students (and employees) are required to participate in these programs, and all members of the College community are encouraged to participate throughout the year in ongoing campaigns and trainings focused on the prevention of sexual misconduct on campus.
Accused: A person accused of a violation who has not yet entered an Institution's judicial or conduct process.
Affirmative Consent: Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity.
They not only violate a person’s feelings of trust and safety, but they can also substantially interfere with a student’s education.
It is the policy of MCC that, upon learning that an act of sexual misconduct has taken place, immediate action will be taken to address the situation and punish the perpetrator.
Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity.