Friday, August 28, 2015

Univ. of Colorado sexual misconduct policy: Students who don’t consent are ‘not required to resist’

Univ. of Colorado sexual misconduct policy: Students who don’t consent are ‘not required to resist’ - The College Fix:
"CU officials refuse to respond to questions on vagueness of new policy
The University of Colorado’s recently updated sexual misconduct policy – which spells out how administrators define and adjudicate assault and rape claims – states that students who do not consent to a sexual encounter are “not required to resist.”
“A person who does not want to consent to sex is not required to resist,” states the system’s new “affirmative consent” policy, approved this summer.
“Consent will be determined using both objective and subjective standards,” it states, adding: “Consent to sexual activity may be withdrawn at any time, as long as the withdrawal is communicated clearly.”
The policy does not list examples or anecdotes that spell out how a student might “subjectively” withdraw their consent, especially when they are “not required to resist.”
What’s more, “silence by itself cannot be interpreted as consent,” the policy states.
University of Colorado officials did not respond to multiple emails and phone calls this week from The College Fix seeking an explanation for the contradictory nature of the clauses or to give examples of how a student may withdraw their consent without resisting or speaking.

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