Sexual Misconduct

Non-Consensual Sexual Intercourse or Non-Consensual Sexual Contact or attempt at either is not permitted.

Non-Consensual Sexual Intercourse:

  •   Any sexual intercourse (anal, oral, or vaginal),
  •   however slight,
  •   with any object,
  •   by a man or woman upon a man or woman,
  •   without consent.

Non-Consensual Sexual Contact:

  •  Any intentional sexual touching,
  •  however slight,
  •  with any object,
  •  by a man or woman upon a man or woman,
  •  without consent.

Definitions:

Intercourse: Includes vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, or oral copulation (mouth to genital contact or genital to mouth contact).

Sexual Touching: Any contact with the breasts, buttock, groin, or genitals, or touching of another with any of these body parts, or making another touch you or themselves with or on any of these body parts.

Consent: Is informed, freely and actively given, mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity.  Previous relationships or prior consent cannot imply consent to future sexual acts.  Consent is not meaningful if it results from the use of physical force, threats, intimidation, or coercion. A lack of response does not constitute meaningful consent.

Incapacitated Sex: To have sex with someone who you know to be, or should know to be incapable of making a rational, reasonable decision about a sexual situation. An incapacitated person cannot give meaningful consent. This includes someone who is incapacitated as a result of alcohol or other drugs.

Adapted from a policy written by Brett A. Sokolow, JD

*Use of alcohol or other drugs will never function as a defense to a violation of this policy.

New Hampshire State Law (RSA 632), pertaining to sexual assault, is listed under the Federal, State, and Local Laws section of the student handbook.