Attention!

This site has detected that you are currently browing using Internet Explorer 8. The Yosemite Community College District website makes use of several modern web and mobile technologies that are not compatible with versions of Microsoft Internet Explorer earlier than IE 9. This incompatibility will prevent the website from displaying properly on your computer. We recommend viewing this website using a more modern web browser. This site has been tested for compatibility with all web browsers released after 2010. For assistance viewing this website, please contact the YCCD HelpDesk at 209-575-7900

Skip to main navigation, which will allow you to navigate to a different content area. Skip to side navigation, with links to other pages from the same office you are currently viewing. Skip to the content on this page. Skip to top navigation, with office and website directories, maps, and content information. Skip to the website search box. Skip to the links at the bottom of the page, including commonly accessed links and employee resources.
 
 

What is Consent?

Consent is:

Clear, knowing, affirmative, conscious and voluntary permission, through word or action, to engage in mutually agreed upon sexual activity or contact.

Since different people may experience the same interactions differently, each party is responsible for making sure that partners have provided ongoing, clear consent to engaging in any sexual activity or contact.

A person may withdraw consent at any time during sexual activity or contact through words or actions. If that happens, the other party must immediately cease the activity or contact. Pressuring another person into sexual activity can constitute coercion, which is also considered to be sexual misconduct.

Silence or the absence of resistance alone does not constitute consent. A victim is not required to resist or say "no" for an offense to be proven.

Consent to some forms of sexual activity (e.g., kissing, fondling, etc.) should not be construed as consent for other kinds of sexual activities (e.g., intercourse).

Being or having been in a dating relationship with the other party does not mean that consent for sexual activity exists. Previous consent to sexual activity does not imply consent to sexual activity in the future. To legally give consent in California, individuals must be at least 18 years old.

Force:

Force is defined as direct or indirect use of physical violence and/or imposing physically on someone to gain sexual access. Force, unless part of mutually-permissible kink, is a clear demonstration of a lack of consent.

Incapacitation:

Incapacitation is defined as a state in which individuals are unable to make rational, reasonable decisions because they lack the capacity to understand the "who, what, when, where, why, or how" of a situation or interaction. Individuals cannot give sexual consent if they can't understand what is happening, or if they are disoriented, helpless, asleep, or unconscious for any reason. That applies even if it is because they voluntarily consumed alcohol or drugs. Unless consent is "knowing," it is not valid. Those engaging in sexual activity who know or should have known that the other party is incapacitated are engaging in sexual misconduct. The possession, use, distribution, and/ or administration of any incapacitating substances is prohibited.

The fact that a responding party was intoxicated, and thus did not realize the reporting party was incapacitated, does not excuse sexual misconduct.