At UWindsor, sexual misconduct includes all forms of sexually inappropriate behaviour and sexual violence.
It includes, but is not limited to, rape and sexual assault, sexual and gender-based harassment, stalking, cyber harassment, and relationship violence.
Consent is the voluntary agreement and willing participation in sexual activity, from individuals who have reached the age of consent to sexual activity and have the mental capacity to understand the nature, purpose and consequences of a decision to participate in sexual activity. An individual must actively and willingly give consent to sexual activity. Consent must be informed, freely given and continuous. Sexual activity without consent is sexual assault. The following are some factors relating to consent:
- Is never assumed or implied
- Is not silence or the absence of “no”
- Cannot be given by an individual who is incapacitated by alcohol or drugs or is asleep or unconscious
- Can never be obtained through threats, coercion or other pressure tactics
- Can be revoked at any time, regardless of any other sexual activities that have taken place
- Is not valid if the perpetrator abuses a position of trust, power or authority
- Cannot be assumed from previous consent to similar activities
The consumption of alcohol or drugs does not provide any excuse from obtaining consent. (Criminal Code of Canada, section 150.1, 153.1, 273.1: http://laws-lois.justice.gc.ca/PDF/C-46.pdf)